Planning & Zoning Commission Agendas & Meeting Information

Planning & Zoning Commission Meeting Agenda November 16, 2023 6:00 PM 30360 Cougar Bend, Bulverde TX 78163 1. CALL MEETING TO ORDER 2. REGULAR AGENDA ITEMS 2.I. Consider approval of the Planning and Zoning Commission Meeting Minutes from October 12, 2023. 2.II. Consider a request by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to Obligations of the Subdivider, of the City of Bulverde Code of Ordinances for a 193.22 Acre tract, located at 200 Mitchell Road, Spring Branch, Texas. 2.III. Consideration to vacate and replat Singing Hills Commercial Center Lot 2A, Singing Hills Unit 2 in the City of Bulverde, generally located 790 feet north of intersection Singing Oaks and Highway 46. 3. EXECUTIVE SESSION 4. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS 5. ADJOURNMENT ________________________ Sandra V. Ham City Secretary City Hall is wheelchair accessible and accessible parking spaces are available. Requests for accommodation must be made 48 hours prior to the meeting. Please contact the City Secretary at 830.438.3612 or FAX 830.438.4339 for information or assistance. A quorum of the City Council, Planning & Zoning Commission, Parks & Recreation Advisory Board, and/or Zoning Board of Adjustment may be present at this meeting in order to discuss agenda items related to board business. I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City Council of the City of Bulverde was posted on the bulletin board in front of Bulverde City Hall, Page 1 of 23 which is readily accessible to the public at all times, and on the City's website, www.bulverdetx.gov, by 6:00 pm on November 9, 2023. The Planning & Zoning Commission reserves the right to adjourn into Executive session at any time regarding any issue for which it is legally permissible. The Planning & Zoning Commission will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel, to discuss matters of land acquisition, litigation, Economic Development negotiations, or personnel matters as listed on this agenda. The Planning & Zoning Commission may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other items on this agenda. Page 2 of 23 These minutes have been prepared to satisfy the requirements of Section 551.021 of the Texas Government Code. Audio recordings of most City meetings can be obtained at www.bulverdetx.gov. City of Bulverde, Texas Planning & Zoning Commission Meeting Thursday, October 12, 2023 Meeting Duration: 06:00 PM to 06:09 PM Call Meeting to Order Chair Joe Alexandre called the meeting to order at 6:00 PM. Members of Planning & Zoning Commission Present: Chair Joe Alexandre Vice Chair Ted Hawkins Commissioner Linden Sisk Commissioner Michelle Molina Commissioner Gregory Porter Commissioner Ashley Cartier Commissioner Jeffrey Burrier Members of Planning & Zoning Commission Absent: Commissioner Brad McCollum (Alternate) City Staff Present: Planning Director Suzanne Williams, City Attorney Jason M. Rammel, and City Secretary Sandra V. Ham Regular Agenda Items 2.I. Consider approval of the Planning and Zoning Commission Meeting Minutes from September 14, 2023. Motion: Chair Alexandre made a motion seconded by Commissioner Molina to approve the Planning and Zoning Commission meeting minutes from September 14, 2023. Vote: Motion carried unanimously (7) ayes to zero (0) nays. 2.V. Consider a request by Mr. Phil Zaccaria (200 Mitchell Ranch LLC) for approval of the final plat of Estates at Mitchell Ranch, a 193-acre tract of land located at 200 Mitchell Road, Spring Branch. Motion: Commissioner Sisk made a motion seconded by Commissioner Burrier to approve the final plat of Estates at Mitchell Ranch, a 193-acre tract of Page 3 of 23  land located at 200 Mitchell Road, Spring Branch, to include a plat note related to the tree preservation regulations found in Section 4.07, City of Bulverde Subdivision Ordinance, and Article 17.06, Code of Ordinances of the City of Bulverde, Texas. Vote: Motion carried unanimously (7) ayes to zero (0) nays. 2.II. Consider a request by Brazos De Santos for a variance to Section 17.04.003 and 17.04.004 of the City of Bulverde Code of Ordinances, related to Cut and Fill Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). No action taken. 2.III. Consider a request by Brazos De Santos for a variance to Section 17.06.009 (d)(1), (d)(3), (d)(6), and (d)(7) of the City of Bulverde Code of Ordinances, related to Tree Removal and Mitigation Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). No action taken. 2.IV. Consider a request by Brazos De Santos for a variance to Section 17.03.005 (1, 2, 3) and 17.03.006 of the City of Bulverde Code of Ordinances, related to Disturbance of Steep Slope Requirements for Lot 5 and Lot 9R, Ridgeview Oaks West, Bulverde (Northeast corner of US 281 and SH 46). No action taken. Executive Session Public Comments Not Related to Posted Agenda Items Chair Alexandre opened the meeting for public comments not related to posted agenda items at 6:07 PM. Adjournment 6:09 P.M. There being no further business to come before the Planning & Zoning Commission, the meeting was adjourned. Page 4 of 23  PLANNING & ZONING COMMISSION ITEM: VARIANCE Mitchell Ranch – Tree Survey MEETING DATE: November 16, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Suzanne Williams, Planning Director REQUEST: Consider a request by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to Obligations of the Subdivider, of the City of Bulverde Code of Ordinances for a 193.22 Acre tract, located at 200 Mitchell Road, Spring Branch, Texas. OWNER: 200 Mitchell Ranch, LLC 30257 Sherry Lea Bulverde, Texas. 78163 APPLICANT: Phil Zaccaria 7055 FM 1863 Bulverde, Texas, 78163 PROPERTY INFORMATION: Address: 200 Mitchell Road, Spring Branch, Texas Legal Description: 193.22 Acre tract H&O.B.R.R.Co. Survey No. 847 Owner: 200 Mitchell Ranch, LLC Existing Land Use: Undeveloped Existing Zoning: ETJ SUMMARY: The applicant, Phil Zaccaria, intends to develop a 193.22-acre tract of land into a 27-lot single- family residential with proposed lot sizes of approximately 5 acres minimum in size. The applicant has secured a subdivision bond and is requesting a variance to Chapter 10, 3.01 (a)(i)-the requirement of installing at his own cost and expense all the requirements by the Bulverde Ordinance. The right to request this variance is provided for in Chapter 10, 3.03 (c)(i). Page 1 of 2 Page 5 of 23 THE GRANTING OF THIS REQUESTED VARIANCE DOES NOT CONSTITUTE APPROVAL OF ANY OTHER VARIANCES WHICH MAY BE DEPICTED IN THE EXHIBITS ATTACHED TO THIS APPLICATION AND REPORT. ANY AND ALL OTHER VARIANCES FROM THE BULVERDE CODE OF ORDINANCES THAT DO NOT INCLUDE THIS REQUESTED VARIANCE WILL BE REQUESTED IN A SEPARATE APPLICATION AND APPROVAL PROCESS. ATTACHMENTS: A. Application B. Site Location Exhibit C. Construction Bond Exhibit Page 2 of 2 Page 6 of 23 Page 7 of 23 Page 8 of 23  SITE EN G I N EER I N G & SU RVEY I N G Page 9 of 23 Page 10 of 23 Page 11 of 23 Page 12 of 23  PLANNING AND ZONING COMMISSION ITEM: VACATE AND REPLAT Singing Hills Commercial Center MEETING DATE: November 16, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Suzanne Williams, Director of Planning REQUEST: Consideration to vacate and replat Singing Hills Commercial Center Lot 2A, Singing Hills Unit 2 in the City of Bulverde, generally located 790 feet north of intersection Singing Oaks and Highway 46. APPLICANT: SH Land Holdings, LTD c/o Todd Gold 8023 Vantage Dr. Ste. 1200 San Antonio, Texas 78230 PROPERTY INFORMATION: Owner: SH Land Holdings, LTD Legal Description: Lot 2A, Singing Hills Unit 2 in the City of Bulverde, as shown on plat of vacate and replat of Lot 2, Singing Hills Unit 2 and plat of a 2.465-acre tract into lots 2A and 3, Singing Hills Unit 2, as recorded in document number 201506048174 and as conveyed to SH Land Holdings, as recorded in document number 202206041150 in the public records of Comal County, Texas. Size: 2.953 Acre Tract Existing Zoning: C3 SUMMARY: This is a proposed vacate and replat of Lot 2A, Singing Hills, Unit 2. As currently platted, Lot 2A is one 2.953-acre lot and the purpose of this vacate and replat is to create two lots forming the Singing Hills Commercial Center. City Staff and Freese and Nichols have reviewed the application and associated documents. All review comments have been addressed. RECOMMENDATION: Staff recommends approval of this Vacate and Replat. ATTACHMENTS: Page 1 of 2 Page 13 of 23 A. Application B. Replat C. Freese and Nichols Review Memo Page 2 of 2 Page 14 of 23 Page 15 of 23  Fees: Replats/Vacating Plats X $750.00 + $15.00 per lot single family; $30.00 per acre for non-single family. (Total: $840.00)  Traffic Impact Analysis (TIA) Review  $1250.00 - Minor TIA  $2500.00 - Major TIA Drainage Analysis Review Tier 1  $750 Drainage Analysis Review Tier 2 single family residential  $1500 – (0-5 acres)  $2500 + $10/lot – (5+ acres) Drainage Analysis Review Tier 2 Commercial/Industrial/Multi-Family  $1750 - (0-5 acres)  $2500 + $10/acre (5+ acres) SUBMITTAL DATES: 2023 Planning & Zoning Meeting City Council Meeting Submittal Date JANUARY 12, 2023 FEBRUARY 14, 2023 DECEMBER 13, 2022 FEBRUARY 16, 2023 MARCH 14, 2023 JANUARY 17, 2023 MARCH 16, 2023 APRIL 11, 2023 FEBRUARY 14, 2023 APRIL 13, 2023 MAY 9, 2022 MARCH 14, 2023 MAY 11, 2023 JUNE 13, 2023 APRIL 11, 2023 JUNE 15, 2023 JULY 11, 2023 MAY 16, 2023 JULY 13, 2023 AUGUST 8, 2023 JUNE 13, 2023 AUGUST 10, 2023 SEPTEMBER 12, 2023 JULY 11, 2023 SEPTEMBER 14, 2023 OCTOBER 10, 2023 AUGUST 15, 2023 OCTOBER 12, 2023 NOVEMBER 14, 2023 SEPTEMBER 12, 2023 NOVEMBER 16, 2023 DECEMBER 12, 2023 OCTOBER 17, 2023 DECEMBER 14, 2023 JANUARY 9, 2024 NOVEMBER 14, 2023 Form Date: 12.20.2022 Submittal Format: 2 **Plat submittals must follow format outlined in Pages 3 and 4 of this application. Page 16 of 23  Planning and Development Replat Application Checklist ALL SUBMITTALS MUST FOLLOW THE FOLLOWING REQUIREMENTS TO BE ACCEPTED BY THE CITY OF BULVERDE FOR INITIAL REVIEW  2 full-size physical copy and digital copy on 18” by 24” sheets with a minimum of a 1/2-inch margin of proposed plat document  1 physical copy of Replat Application  One electronic copy of each document required below and plat drawing(s) in PDF format.  A check or money order for the platting fee, review fee and other required fees. o Plat Application &Review Fee N/A o SWMP Review Fee (if applicable) N/A o TIA Fee (if applicable) N/A  If public notification is required, submit to the City a map of the lots in the original subdivision within 200 feet of the replat accompanied by a list of property owners of the lots from the most current tax roll o Refer to Chapter 10, Exhibit A, Section 1.04 of the Code of Ordinances for conditions that require public notification  A digital copy of a Traffic Impact Analysis o NOT REQUIRED IF NUMBER OF LOTS DOES NOT INCREASE  A digital copy of an Environmental Assessment o NOT REQUIRED IF NUMBER OF LOTS DOES NOT INCREASE  A digital copy of Water System Study o NOT REQUIRED IF NUMBER OF LOTS DOES NOT INCREASE  A digital copy of Sewer System Study o NOT REQUIRED IF NUMBER OF LOTS DOES NOT INREASE  A digital copy of Stormwater Management Plan o NOT REQUIRED IF IMPERVIOUS COVER WILL NOT INCREASE N/A  A digital copy of Variance Requests (if any)  A digital copy of Original Tax Certificates o City o County o School Form Date: 12.20.2022 Submittal Format: 3 **Plat submittals must follow format outlined in Pages 3 and 4 of this application. Page 17 of 23   A digital copy of Letter of Agent or other power of attorney authorizing signature of Owner on plat  A digital copy of other applicable legal documents including deed restrictions, homeowner’s association documents, etc. N/A  For plats in the ETJ, A digital copy of an approved PIPROW permit from Comal County for any utilities, landscaping, street lighting, or other private features located in the public right-of-way  A digital copy of Lienholder’s acknowledgement (if applicable) ADDITIONAL COMMENTS FOR OFFICE USE ONLY:  Approved (Assign Case Number)  Returned (Provide Comments) Reviewed by: Date: Case Number: Form Date: 12.20.2022 Submittal Format: 4 **Plat submittals must follow format outlined in Pages 3 and 4 of this application. Page 18 of 23  VACATE AND RE-PLAT OF LOT 2A, SINGING HILLS UNIT 2 INTO THE PLAT OF SINGING HILLS COMMERCIAL CENTER SITE Engineers Surveyors Planners Moy Tarin Ramirez Engineers, LLC LOCATION MAP ∆ “ ” ∆ R:\Singing Hills - Retail 1\Drawings\1101502_00_REPLAT 3.dwg 2023/11/07 3:58pm jmore Page 19 of 23 Page 20 of 23  REVIEW MEMORANDUM 9601 McAllister Fwy., Suite 1008 + San Antonio, Texas 78216 + 210-298-3800 + FAX 817-735-7491 www.freese.com TO: Suzanne Williams, City of Bulverde CC: Bregger Garrison, PE FROM: Caroline Stewart SUBJECT: Singing Hills Commercial Center Replat, Round 3 DATE: 11/9/2023 We have reviewed the Round 3 application for the Singing Hills Commercial Center replat application and all previous comments have been addressed and closed. Replat Application 1. The following documents were checked to have been provided; however, we do not have them in our submittal documents: a. Digital copy of Original Tax Certificates b. Digital copy of Letter of Agent or other power of attorney authorizing signature of Owner on plat (Probably not necessary as the plat has the owner signature on it) c. Digital copy of other applicable legal documents including deed restrictions, homeowner’s association documents, etc. d. Digital copy of Lienholder’s acknowledgement Applicant Response: The documents were provided on a USB drive with the initial submittal but are included in this resubmittal. Round 2 FNI Comment: Comments cleared. Replat Comments 1. City of Bulverde Subdivision Note #6 has the total acreage as 2.953; however, when you add together the acreage on the plat it equates to 2.952. Ensure these are consistent. Applicant Response: Note #6 is correct. Lot 1 has been updated to the correct acreage of 0.822 which brings the total to 2.953 acres. Round 2 FNI Comment: Comment cleared. 2. Provide the signed and notarized certification by the lienholder (Ch. 10A 1.05(b)(ii)(5)). Applicant Response: A pdf of the Lienholder’s acknowledgment is included in this resubmittal. Round 2 FNI Comment: Section 1.05(b)(ii)(5) states the signed and notarized certification by the lienholder must be shown on the final plat. To substitute this being directly on the plat, you can provide the recording information of this certification on the plat. Round 3 FNI Comment: Comment cleared. 3. In the title block is “and” supposed to be “into the plat of” since this is a replat into Singing Hills Commercial Center? Applicant Response: Verbiage on the title block of the plat has been updated to “into the plat of” on both sheets. Round 2 FNI Comment: Comment cleared. Page 21 of 23 Singing Hills Commercial Center Replat, Round 3 11/9/2023 Page 2 of 3 4. Based on the C-2 Zoning District, the following are the minimum required setbacks. Update the plat to reflect the current setback requirements (note, a portion of Lot 2 is adjacent to R-2 Residential Zoning, so take that into account): a. Interior side yard: 20ft; 40ft adjacent to residential zoning b. Rear yard: 25ft; 60ft adjacent to residential zoning c. Front yard: 40ft Applicant Response: The current plat setbacks are in accordance with the existing development agreement between the City of Bulverde and Singing Hills and are correct. Singing Hills is not subject to the current Bulverde development codes. No changes are required. Round 2 FNI Comment: After review of the developer agreement, the previous comment is no longer applicable. 5. Add the block number to the plat. Applicant Response: Block 1 has been added to the replat. Round 2 FNI Comment: Comment cleared. 6. Provide the bearing and distance from a corner of the subdivision to a corner of the original tract or original survey (Ch. 10A 1.05(b)(ii)(14)). Applicant Response: Bearing and distances have been added to the replat as requested. However, this should not be a requirement for this replat as it is within a fully platted tract. Round 2 FNI Comment: Comment cleared. 7. The legal description of the property to be subdivided shall include the acreage of the original tract (Ch.10A 1.05(b)(ii)(2)). Applicant Response: The legal description has been updated to include the acreage of the original Lot 2A that is being subdivided. Round 2 FNI Comment: Comment cleared. 8. Adjoining ownership information (owner name, acreage, deed record information) to the proposed plat shall be shown on the plat drawings. Include for all adjoining property owners (Ch. 10A 1.05(b)(ii)(21)) Applicant Response: The adjoining ownership information has been added to the plat for adjacent lots. Round 2 FNI Comment: Comment cleared. Round 2 Comments: 1. Please add the following notes (edit the highlighted information to match this plat) to the plat: Round 3 FNI Comment: Comment cleared. Page 22 of 23 Singing Hills Commercial Center Replat, Round 3 11/9/2023 Page 3 of 3 Please provide written responses to the above comments. The submittal should be revised to address these comments and resubmitted for approval by the City. If there are any questions or further explanation is required regarding a specific review comment, please do not hesitate to contact us. Sincerely, Caroline Stewart Urban Planner Freese and Nichols, Inc. Page 23 of 23